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Real Property
Quiet Title
Fraud

Seon Jun Hwang, Sun Min Church v. Jung Hee Lee, William Lee, United Escrow Company

Published: Feb. 10, 2004 | Result Date: Dec. 15, 2003 | Filing Date: Jan. 1, 1900 |

Case number: VC035900 Bench Decision –  $300,300

Judge

C. Robert Simpson

Court

L.A. Superior Norwalk


Attorneys

Plaintiff

Robert E. Drescher


Defendant

Matthew H. Schwartz
(Schwartz Law Center, LLC)

Michael J. Perry


Experts

Plaintiff

Nancy Richmond
(technical)

Donald J. Fandry
(technical)

Defendant

Karen White
(technical)

Facts

In July 1999, the plaintiffs approached the defendant Jung Hee Lee for a six-figure loan. After multiple discussions, a loan agreement was reached. The defendant requested an escrow which was done through United Escrow Company. The defendants contended that when escrow closed, the sale for the property was without the knowledge of the plaintiffs. Defendant Jung Hee Lee's brother was also involved as the original lender/buyer. Escrow closed and title passed to defendant Jung Hee Lee. Subsequent to the transaction, the defendant Jung Hee Lee evicted the plaintiff from the subject property. She then collected rents for three years from other tenants and she refinanced the property to gain an immediate windfall. When the plaintiff complained, the defendant Jung Hee Lee ordered her attorney to draft a settlement agreement attempting to absolve her from her previous fraudulent conduct. In fact, there were two such settlement agreements, one in the native Korean and the other in English.

Damages

Loss of rents and loss of ownership of the property.

Result

Judgment for the plaintiffs and against all the defendants for fraud.


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